Cyber risk and related management obligations have increased rapidly in Canadian business. This session will cover:

Data breach risks and related obligations faced by Canadian companies under developing regulations and case law

How agreements can address data security and cyber breach response issues, particularly in the context of software agreements.

What considerations must be made when crafting a EULA

When a EULA is necessary and what your obligations are when you present an agreement

How you ensure adequate permissions are solicited and received and what is the Limitation of Liability

EULA and data privacy and ownership - can you get permissions to collect data via a EULA

Presenters

Peter Murphy

Peter Murphy is a partner in Shibley Righton’s Toronto office. Peter is a member of the Business Law Group with over twenty years of commercial law experience. His practice includes technology and commercial contracting, privacy and data protection, intellectual property development and licensing, consumer protection, marketing law and commercial transactions.

Peter has extensive experience drafting and negotiating technology agreements, including outsourcing, development, licensing, implementation, support services, cloud computing, hosting, e-commerce and support agreements. Peter has advised on both the customer and vendor sides of technology procurements by chartered banks and insurance companies, including cloud computing solutions and banking technology joint ventures.

Peter’s practice also has a strong focus on privacy and data protection law. He helps clients deal with data breaches, respond to investigations by Canada’s Privacy Commissioner, comply with privacy laws and respond to access to information requests. Peter also conducts privacy assessments, drafts privacy-compliant contracts, and prepares corporate privacy and data policies. Peter acted for a Canadian chartered bank with respect to privacy and data protection issues arising during its purchase and development of a $900,000,000 accounts receivable financing program. He also acted as privacy counsel with respect to the merger of two hospitals and their charitable foundations.

A frequent public speaker and writer on technology law, privacy and consumer law matters, Peter’s comments are frequently quoted in Canadian and international news media.

Erika Murray

Erika Murray has a PhD in engineering, has trained and practiced as an IP lawyer at a large boutique law firm, is an active member of the Toronto Intellectual Property Group (TIPG) and is also an adjunct at Ryerson University. Erika has an undergraduate degree in Chemical Engineering from the University of Waterloo (UW). Following her undergraduate degree, Erika completed her PhD in Chemical Engineering also at UW where her research focused on studying small molecule delivery in a stem cell differentiation model using proteomics and robotic long-term live cell imaging. After 10 years of engineering, Erika then obtained a law degree from Osgoode Hall. Since being called to the Bar in Ontario, Erika has practiced exclusively in the area of intellectual property law. Erika has gained exposure to all areas of intellectual property law. Her practice is focused on patent prosecution and licensing agreements in high tech, clean tech, biological and chemical processing areas. Erika is also a part-time instructor at Ryerson University in the area of environmental law. Erika contributes to the success of her clients IP portfolios in performing effective intellectual property analysis and concise legal writing, requiring adept communication and direct professional client contact. Erika also has IP experience in the areas of trademarks, industrial designs, end user licence agreements, copyright protection, domain names and patent litigation issues, including invalidity and infringement. Erika speaks English and French.

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